CHAPTER 153

(HB 1041)

Electronic title file system to be used.


         ENTITLED, An Act to  require certain vehicle dealers to utilize an electronic title file system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

     Upon the sale or acquisition of any vehicle required to be titled pursuant to this chapter, a dealer licensed pursuant to this title shall utilize, if available, an electronic title file system approved by the department to verify vehicle ownership information and to record changes to vehicle ownership information.

     Section  2.  That § 32-3-38.1 be amended to read as follows:

     32-3-38.1.   Any bank, savings and loan association, or credit union , or any dealer licensed pursuant to this title may be provided access to motor vehicle title and lien information maintained on the state's computer system via a modem and terminal owned by the bank, savings and loan association, or credit union , or dealer . The Department of Revenue and Regulation shall promulgate rules pursuant to chapter 1-26 to specify access availability. The secretary of state shall promulgate rules pursuant to chapter 1-26 to specify cost of access. The Department of Revenue and Regulation may deny or revoke authority previously granted for accessing this information if the information accessed is used for any reason unrelated to the business of the bank, savings and loan association, or credit union purpose not authorized by law .

     Section  3.  That § 32-6B-65 be repealed.

     Section  4.  The provisions of section 1 of this Act become effective on July 1, 2009.

     Signed February 18, 2005
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